New York Consolidated Laws, Penal Law - PEN § 460.10 Definitions

The following definitions are applicable to this article.

1. “Criminal act” means conduct constituting any of the following crimes, or conspiracy or attempt to commit any of the following felonies:

(a) Any of the felonies set forth in this chapter:   sections 120.05 , 120.10 and 120.11 relating to assault;   sections 121.12 and 121.13 relating to strangulation;   sections 125.10 to 125.27 relating to homicide;   sections 130.25 , 130.30 and 130.35 relating to rape;   sections 135.20 and 135.25 relating to kidnapping;   sections 135.35 and 135.37 relating to labor trafficking;   section 135.65 relating to coercion;   sections 140.20 , 140.25 and 140.30 relating to burglary;   sections 145.05 , 145.10 and 145.12 relating to criminal mischief;  article one hundred fifty relating to arson;   sections 155.30 , 155.35 , 155.40 and 155.42 relating to grand larceny;   sections 177.10 , 177.15 , 177.20 and 177.25 relating to health care fraud;  article one hundred sixty relating to robbery;   sections 165.45 , 165.50 , 165.52 and 165.54 relating to criminal possession of stolen property;   sections 165.72 and 165.73 relating to trademark counterfeiting;   sections 170.10 , 170.15 , 170.25 , 170.30 , 170.40 , 170.65 and 170.70 relating to forgery;   sections 175.10 , 175.25 , 175.35 , 175.40 and 210.40 relating to false statements;   sections 176.15 , 176.20 , 176.25 and 176.30 relating to insurance fraud;   sections 178.20 and 178.25 relating to criminal diversion of prescription medications and prescriptions;   sections 180.03 , 180.08 , 180.15 , 180.25 , 180.40 , 180.45 , 200.00 , 200.03 , 200.04 , 200.10 , 200.11 , 200.12 , 200.20 , 200.22 , 200.25 , 200.27 , 200.56 , 215.00 , 215.05 and 215.19 ;   sections 187.10 , 187.15 , 187.20 and 187.25 relating to residential mortgage fraud, sections 190.40 and 190.42 relating to criminal usury;   section 190.65 relating to schemes to defraud;  any felony defined in article four hundred ninety-six;   sections 205.60 and 205.65 relating to hindering prosecution;   sections 210.10 , 210.15 , and 215.51 relating to perjury and contempt;   section 215.40 relating to tampering with physical evidence;   sections 220.06 , 220.09 , 220.16 , 220.18 , 220.21 , 220.31 , 220.34 , 220.39 , 220.41 , 220.43 , 220.46 , 220.55 , 220.60 , 220.65 and 220.77 relating to controlled substances;   sections 225.10 and 225.20 relating to gambling;   sections 230.25 , 230.30 , and 230.32 relating to promoting prostitution;   section 230.34 relating to sex trafficking;   sections 235.06 , 235.07 , 235.21 and 235.22 relating to obscenity;   sections 263.10 and 263.15 relating to promoting a sexual performance by a child;   sections 265.02 , 265.03 , 265.04 , 265.11 , 265.12 , 265.13 and the provisions of section 265.10 which constitute a felony relating to firearms and other dangerous weapons;   sections 265.14 and 265.16 relating to criminal sale of a firearm;   section 275.10 , 275.20 , 275.30 , or 275.40 relating to unauthorized recordings;  and sections 470.05 , 470.10 , 470.15 and 470.20 relating to money laundering;  or

(b) Any felony set forth elsewhere in the laws of this state and defined by the tax law relating to alcoholic beverage, cigarette, gasoline and similar motor fuel taxes;  article seventy-one of the environmental conservation law relating to water pollution, hazardous waste or substances hazardous or acutely hazardous to public health or safety of the environment;  article twenty-three-A of the general business law relating to prohibited acts concerning stocks, bonds and other securities, article twenty-two of the general business law concerning monopolies.

2. “Enterprise” means either an enterprise as defined in subdivision one of section 175.00 of this chapter or criminal enterprise as defined in subdivision three of this section.

3. “Criminal enterprise” means a group of persons sharing a common purpose of engaging in criminal conduct, associated in an ascertainable structure distinct from a pattern of criminal activity, and with a continuity of existence, structure and criminal purpose beyond the scope of individual criminal incidents.

4. “Pattern of criminal activity” means conduct engaged in by persons charged in an enterprise corruption count constituting three or more criminal acts that:

(a) were committed within ten years of the commencement of the criminal action;

(b) are neither isolated incidents, nor so closely related and connected in point of time or circumstance of commission as to constitute a criminal offense or criminal transaction, as those terms are defined in section 40.10 of the criminal procedure law ;  and

(c) are either:  (i) related to one another through a common scheme or plan or (ii) were committed, solicited, requested, importuned or intentionally aided by persons acting with the mental culpability required for the commission thereof and associated with or in the criminal enterprise.


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